Family & inheritance law

Are you living married and is your spouse still abroad? Have you settled your affairs should something happen to you? Sometimes, it is necessary to be advised on a legal issue when, within your affective relationship, there is or will be a (possibility for a) marriage, registered partnership or cohabitation. This could also apply to the correct winding up of the estate of a deceased person or making a will.

Our team can provide you with such advice, regardless of the (inter)national character of your legal matters. Our services include, but are not limited to:

  • making a (pre- or post)nuptial agreement, a (pre- or post)partnership agreement or a cohabitation agreement (in case of a marriage, registered partnership or a cohabitation); or
  • making a last will and testament; or
  • having the estate of a deceased individual divided.

Marriage, registered partnership and cohabitation agreement

Individuals can set out the terms of their relationship in an agreement. If they intend to live together without getting married, they may choose to have a notary draw up a cohabitation agreement for them. Persons who do marry generally enter into a prenuptial agreement. An agreement of the same sort can also be made by partners who would like to have their partnership registered at the municipality.

In the Netherlands, these agreements must be drawn up by a notary for the agreements to have the required validity. Prior to the creation of such agreement, the notary will advise partners about their content and legal implications. In doing so, he will act as an impartial professional expert and attempt to reach a balanced agreement in which the personal (and sometimes professional) circumstances of both partners are taken into full consideration.

International law often becomes relevant if one of the partners is a foreign national. International treaties could be applicable and the national law of the country concerned could take precedence. Being an expert firm in international law, Westport Notaries is able to expertly and efficiently help you in such cases.
Our firm can also offer advice if your relationship ends and you have to decide to separate or divorce.

Wills and winding up of an estate

In the Netherlands, a will must be drawn up and (co-)signed by a notary. In order to create your will, the notary will invite you to discuss your wishes during a meeting in person.

Your will states who is supposed to acquire your assets after you pass away. Such persons are called heirs. You may appoint an heir to the entirety of your estate. However, you can also decide to make individual bequests of specific items or amounts of money to named individuals or organizations.

You can also appoint the person that is to be responsible for the administration and winding up of your estate after you decease. In other words, you may appoint an executor of your estate, in addition to appointing heirs. If you have minor children, it would also be advisable to state a guardian who would take responsibility for your children during their minority if no livering parents or guardians remain after your death

Once your will has been signed, the notary will file it with the Central Register of Wills so that it can always be found when it is needed.

In certain situations, it may be necessary to have a (separate) Dutch will made. Such a will – made by a Dutch notary – can contain entirely new or solely so-called supplementary testamentary dispositions. Extensive research advice is essential to ensure that the provisions of two or more wills made in different countries do not conflict, but rather complement each other.

Whenever an individual domiciled in the Netherlands passes away, the services of a Dutch notary are required to wind up and divide the estate. The notary will have to prepare the necessary documents and will advise the heirs and, if present, the executor in regards to the division of the estate and the applicable taxes.

We can also advise on the legal validity of a will you have made in another country. The same applies to having an international estate wound up and divided.

 

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Please contact us for advice or assistance